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Home My WebLink About07-28-1998 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON July 28, 1998 CALL TO ORDER Chairman Carlsson called the regular meeting of the Ocoee Code Enforcement Board to order at 7:30 p.m. in the Commission Chambers of City Hall and led in the pledge of allegiance. Member Ellison led in prayer. The roll was called and a quorum declared present. PRESENT: Chairman Carlsson, Members Godek, Holmes, Lenko, Skiles, and Alternate Member Chancey. Also present were Attorney Feeney, Code Enforcement Supervisor Simon, Executive Secretary Seaver, and Administrative Secretary Weatherly. ABSENT: John H. Linebarier - Excused, and Alfred Luck - Excused. APPROVAL OF MINUTES Chairman Carlsson asked if there were any corrections, and Member Holmes asked for a correction on Page 4 to change "Cub Master Pack 198" to "Cub Scout Pack 198". Chairman Carlsson asked for a correction to be made on Page 3 to state "The board, after discussion with counsel, did not agree." instead of"The board did not agree."; and also under Comments it should say "mobile homes" instead of "motor homes". Chairman Carlsson also advised on Page 4 that his name was misspelled twice. Member Ellison, seconded by Member Lenko, moved to approve the Minutes of the June 23, 1998 Code Enforcement Board meeting as corrected. Motion carried 6-0. COMMENTS FROM CITIZENS None CASES CONTINUED Chairman Carlsson stated that the following cases will be continued to the August 25, 1998 meeting at the request of the City: under Item IV, Case 98-073, Rene and Viviane Mestdagh; Case 98-099, Mahendra N. Samaroo; Case 97-108, Robert Reid; Case 97-109 Groundtek of Central Florida; Case 97-110, Patrick Freeman; and Case 97-111, Groundtek of Central Florida; and that Case 98-083, Anthony J. Brienza; Case 98-097, James E. and Mazie Creech; and Case 98-098, Harry Hall are dismissed at the request of the City. As the people were in the audience to respond, Chairman Carlsson announced that, at the request of the City, Item E, Case No. 98-096, Gorgonio Ramirez, would be heard first, followed by Case No. 98-086, One Stop Car Care. Code Enforcement Board Meeting July 28, 1998 PURSUANT TO THE HEARING RULES ADOPTED BY THIS BOARD ON JUNE 27,1995,VARIOUS DOCUMENTS ARE USED BY THE CODE ENFORCEMENT OFFICERS IN EACH CASE AND ARE REPORTED IN THE CASE TESTIMONY GIVEN BY THE CODE ENFORCEMENT OFFICER. IN THESE MINUTES THE TITLES TO THOSE DOCUMENTS WILL BE ABBREVIATED AS FOLLOWS: NOCV - NOTICE OF CODE VIOLATION; NOH-NOTICE OF HEARING; SOV-STATEMENT OF VIOLATION(S); AND POS-PROOF OF SERVICE. Case 98-096, Gorgonio Ramirez - 604 Starke Lake Circle Simon Sec 51-34 06/24/98 NOCV-Re-Inspection Date: 07/08/98 07/17/98 NOH Board Meeting Date: 07/28/98 07/06/98-Compliance Date 07/17/98 SOV 07/17/98 POS -Delivery-MAIL CERT#Z057-384-986 07/17/98 POS Observation: Did not call for a final electrical inspection. Code Enforcement Supervisor Simon, representing the Code Enforcement, having been sworn and stating qualifications, made a statement. Eddie Hendrix, City Electrical Inspector for the City of Ocoee, having been sworn and stating qualifications, said that he had been called back to re-inspect three times after his original rejection of the job for circuit overloading, and had rejected it each time. He had recommended that they call a licensed electrician. Amber Electric had reported that when they arrived on the job the drywall was in place and they would not work on it under those conditions. L Sandra Acosta was present to serve as Spanish Interpreter for Mr. Ramirez, and they were both sworn in by Executive Secretary Seaver. Attorney Feeney advised the board about the procedure of taking the oath and testimony of the respondent via the interpreter. After a lengthy exchange during which Mr. Ramirez contended, through the interpreter, that the inspection had been approved by someone from the City, Member Holmes, seconded by Member Lenko, moved to table this case for one hour to give Mr. Ramirez sufficient time to retrieve the permit from his home. Motion carried 6-0. Mr. Ramirez returned at 8:15 p.m. and the case was resumed. Building Official Flippen, upon being sworn, testified that while Electrical Inspector Hendrix was on vacation, he had completed the rough electrical permit at the same time he signed the framing permit, October 29, 1997. He apologized for this oversight and the resulting inconvenience to Mr. Ramirez. Member Chancey, seconded by, Member Ellison moved that Case 98-096, Mr. Gorgino Ramirez, be dismissed. Motion Carried 6-0. Case 98-085, Mahmoud Y. Chatila,650 S. Bluford Ave. Simon Sec. 51-21A ,r 05/08/98 NOCV - Re Inspection Date:06/15/98 2 06/15/98 NOH Meeting Date: 06/23/98 [fir Code Enforcement Board Meeting thwe July 28, 1998 05/18/98 - Compliance Date 06/15/98 - SOV 06/15/98 - POS 07/17/98 - MAIL CERT#Z057-384-941 Observation: Engine lift installed without approved permits from City Building Department. Exhibit "A" - Occupational License Application Exhibit "B" - Remodeling Plan for 650 S. Bluford Ave. Main Building Exhibit "C" - Letter from Supervisor Shelly Simon Subject: Violation of City Codes Exhibit "D" - Permit Application Exhibit "E" - Remodeling Plan for 650 S. Bluford Ave. Main Building Exhibit "F" - Permit for installation for outside auto lift Video Tape showing the lift on property of One Stop Car Care Code Enforcement Supervisor Simon, representing Code Enforcement, having been sworn and stating qualifications, made a statement. Chairman Carlsson asked the people that were representing the case if they would come forward and watch the video tape of evidence on the TV monitors. Mr. Bill Venditto was sworn, and after a brief interview, it was determined that Mr. Audley Donaldson was the appropriate person to respond to questions, as Mr. Venditto was the seller of the lift. Mr. Audley Donaldson, 8081 Village Green Rd of Orlando, FL, having been sworn, stated that he didn't know he needed a permit to put a lift in that location, as Mr. Venditto had advised him that a permit was not necessary. Supervisor Simon advised that the respondent had not attempted to apply for a permit until May 14, 1998, and that the Notice of Violation had been delivered on May 8, 1998. She stated that it would be necessary to apply for a permit, as there were off-site reviews required due to the numerous zoning issues involved with this parcel. Chairman Carlsson expressed reservations regarding the location of the lift as he believed it presented a major safety problem. Member Lenko, seconded by Member Holmes, moved to find Case No. 98-085, Mahmoud Y. Chatila to be in violation of Section 51-21-A as of May 18, 1998, and be given to August 4, 1998 to come into compliance or be fined$250.00 a day. Motion carried 6-0. Case 98-086, One Stop Car Care, 650 S. Bluford Ave. Simon 05/08/98 - NOCV - Re-Inspection Date:06/15/98 06/15/98 NOH Meeting Date: 06/23/98 05/18/98 - Compliance Date 06/15/98 - SOV 07/15/98-POS - Delivery MAIL CERT# Z057-384-940 Observation: Engine lift installed without approved permits from City Building Department. 3 Code Enforcement Board Meeting July 28, 1998 Member Lenko, seconded by Member Ellison, moved to find Case No. 98-086, One Stop Car Care, in violation of Section 51-21A, installing an engine lift without approved permits as of May 18, 1998, and be given until August 4, 1998 to come into compliance or be fined $250 a day thereafter. Motion carried 6-0. Member Lenko, seconded by Chairman Carlsson, moved to adopt the testimony in Case No. 98-085, Mahmoud Y. Chatilla, for Case No. 98-086, One Stop Car Care, as they are the same case. Motion carried 6-0. OTHER BUSINESS Case 97-071, Lou E. Benoist Jr., 602 Banderas Avenue Simon 08/01/97 - NOCV - Re-Inspection Date: 08/11/97 08/14/97 - POS MAIL CERT#Z285671014 08/13/97 - SOV 08/13/97 - NOH - Board Meeting 08/26/97 08/14/97 - POS 09/08/97 - SOV 08/26/97 -ORDER OF CONTINUANCE 09/08/97 - SOV 09/08/97 - POS MAIL CERT #Z285671428 09/23/97 -ORDER OF CONTINUANCE 10/17/97 - SOV 10/17/97 - NOH -Board Meeting 10/28/97 10/17/97 - POS - POSTED OFFICER T. CRONNON 10/18/97 -COMPLIANCE ORDER 10/21/97 - NOH - Board Meeting 10/28/97 10/21/97 - SOV 10/21/97 - POS RE-MAILED TO 602 BANDERAS 11/05/97 -AFFIDAVIT OF NON-COMPLIANCE RE-INSPECTION DATE: 11/5/97 02/20/98 - LETTER RECEIVED FROM ATTORNEY 02/25/98 -AFFIDAVIT OF COMPLIANCE 05/26/98 - REQUEST FOR REDUCTION OF FINE 05/26/98 - REQUEST DENIED Exhibit 1 Check for$150.00 from Lou Benoist Exhibit 2 Minimum Standards Code Inspection Request Exhibit 3 Minimum Standards of Code Compliance Inspection Memo from Thea Cronnon Exhibit 4 Letter from Thea Cronnon re-inspection past due Exhibit 5 Letter from William Asma dated 6/23/97 Exhibit 6 Letter from William Asma dated 07/25/97 Exhibit 7 Notice of Code Violation Exhibit 8 Statement of Violations Exhibit 9 Statement of Violations Exhibit 10 Certified Mail Exhibit 11 Statement of Violations Exhibit 12 Compliance Order (010 Exhibit 13 Affidavit of Non-Compliance 4 Code Enforcement Board Meeting July 28, 1998 Exhibit 14 Order Imposing Fine and Lien Exhibit 15 Letter from Deborah Cornele in reference to rent Exhibit 16 Leter from Deborah Cornele stating when rent is due Exhibit 17 Letter from Deborah Cornele intentions to move Exhibit 18 Order Imposing Fine and Lien Exhibit 19 Three Day Notice to pay rent or deliver possession Requesting for Re-hearing to reduce fine. Daniel Murphy, Esquire, having been sworn, stated that he represented Mr. Benoist, and reviewed his letter regarding this case with the board. Mr. Murphy advised that Mr. Benoist had owned this property 10 years and had never had a violation; also that, of the 8 properties he owned in Orlando, he had only had one violation which had been resolved promptly. He added that Mr. Benoist was prepared to write a check, but felt that the fine should be reduced due to the fact that he had been out of the country, had not been notified by the tenant of the problem, and that he had taken care of the problem within 18 days after learning the circumstances. Supervisor Simon stated that, since the parcel was in compliance, the City would be agreeable to reduce the fine to cover expenses but the decision was up to the Board to close the case. Chairman Carlsson, seconded by Member Ellison, moved to reduce the fine from $11,000 to $2,000 in Case No. 97-071, Lou E. Benoist Jr. Motion did not carry. The vote was 3-3. Member Lenko, Member Chancey, and Member Holmes all voted "nay". Member Lenko, seconded by Member Ellison, moved to reduce the fine from $11,000 to $5,000 in Case No. 97-071, Lou E. Benoist, Jr. Motion failed 2-4. Chairman Carlsson, Member Godek,Member Holmes and Member Chancey voted "nay". Chairman Carlsson, seconded by Member Lenko, moved to reduce the fine from $11,000 to $3,500 in Case No. 97-071, Lou E. Benoist, Jr. Motion carried 4-2. Member Holmes and Member Ellison voted "nay". PROOF OF SERVICE - DELIVERY Supervisor Simon stated that Case No. 98-087, Thomas B. and Kim Monks is dismissed. Case 98-082, Dean Harper, Inc. - 73 Sand Dollar Key Drive Simon Sec. 51-21A 06/04/98 - NOCV - Re-inspection Date: 06/08/98 06/08/98 - SOV 06/08/98 - NOH Meeting Date: 06/23/98 06/07/98 - COMPLIANCE DATE 06/08/98 - SOV 06/09/98 - POS (11110 5 Code Enforcement Board Meeting July 28, 1998 06/23/98 - COMPLIANCE ORDER Observation: Erected a mobile home and a shed without a permit. Case 98-084, Silver Ark Limited, Inc. - 1700 E. Silver Star Rd. Simon 04/28/98 - NOCV 06/15/98 - NOH 06/15/98 - SOV 06/15/98 - POS - Mail Cert: #Z057-384-928 06/23/98 - COMPLIANCE ORDER Chairman Carlsson, stated that Case 98-082, Dean Harper, Inc.; and Case 98-084, Silver Ark Limited have Affidavits in Compliance. Case 95-147, Mid-State Apartments - 449 S. Bluford Ave. Simon 10/12/95-NOCV 10/18/95 -NOH Meeting Date: 10/24/95 10/18/95-SOV 10/18/95 -POS-Mail Cert:#P597-456-619 10/24/95-COMPLIANCE ORDER-NOVEMBER 24, 1995 OR$100 A DAY 11/28/95-Affidavit of Non-Compliance 11/28/95 Order Imposing Fine&Lien-Beginning 11/27/95 01/23/96-Affidavit of Compliance$5800.00 due to the City of Ocoee 04/28/98-Request for Reduction in Fines$2,900.00 if paid by May 12, 1998 05/26/98-Order Authorizing Foreclosure 07/28/98-Request for Reduction of Fine Member Holmes, seconded by Member Lenko, moved to deny the request for reduction of fine on Case No. 95-146, Persaud Khemwattee and on Case No. 95-147, Mid-State Apartments. Motion carried 6-0. No one was present to represent Persaud Khemwattee. Case No. 95-146, and Case No 95-147 are the same case. COMMENTS Mayor Vandergrift encouraged the board to come to the Tornado meeting and discuss mobile homes and how how to keep them safe. He said he had three counties to attend the meeting. Orange County is inspecting trailers. Member Chancey introduced his sister Cindy to the group. Supervisor Simon introduced Ed Loeffler and Bob Siegrist as the new Code Enforcement Officers. She also mentioned the new Animal Control Officer, Cherie Sherman, who will do a lot of community interaction, writing citations and transporting animals downtown. Attorney Feeney - No Comments. Member Ellison - No Comments. Member Holmes - No comments. 6 Code Enforcement Board Meeting July 28, 1998 Member Lenko expressed reservations about hearing a case again after it has been settled just because a respondent has engaged an attorney, as the proper avenue would be for them to appeal to the court rather than here at the Code Enforcement Board. Member Godek - No comments Member Chancey - No comments. Chairman Carlsson requested a letter be sent to the City Manager with copies to Commissioners and the Mayor that all trailers, double wides and modular homes, when removed from the lot regardless of location within the City, may only be replaced on said premises by a new home, a double-wide trailer, or modular homes no more than 5 years. Supervisor Simon stated that if the trailer is removed from the lot, prior to a trailer put back on the lot, it has to be inspected and approved by the building official before it is moved into the City. Attorney Feeney advised the board that, before initiating an ordinance regarding restrictions, they should be aware that there are state regulations regarding manufactured and/or mobile homes and local governments cannot discriminate against them because of age. He added that there will be a state-wide building code as well as a state-wide code task force. Supervisor Simon added that the Department of Motor Vehicles provides installation guide lines and they give installation courses to installers as well as inspectors. ADJOURNMENT At 9:30 p.m. the meeting was adjourned. APPRO ED: / \ I 1111 She Seaver, E tive Secretary Fr, Carlss► , Chairman -Xibtle..e.h 444,6{ Kathleen Weatherly, Administrative Secretary 7